thank you and welcome again to the Mesa city council meeting for November the 21st of 2022 I will note for the record that all of our Council are present we will begin this meeting with an invocation offered by Pastor mert peckeral of the Mesa Bible Church followed by the Pledge of Allegiance so please stand for the invocation and remain standing for the Pledge of Allegiance pastor First Timothy chapter 2 verse 1 and 2 first of all then brother and I urge that in treaties prayers petitions and thanksgivings be made on behalf of all men for kings and all who are in Authority in order that we may lead a tranquil and quiet life in all godliness and dignity may God added the blessing to the reading of his word heavenly father thank you for the body known as the city council of Mesa thank you for each person thank you for their families thank you for their dedication thank you for their leadership and example father thank you for a community that you have blessed us with that's responsive to the needs of the people father for these who are denied who have concerns have problems have petitions requests we pray father that you would give wisdom and guidance and direction that father we invoke your blessing now upon this time this Gathering we pray that we would know your presence with us in the power of the spirit of God we pray father that we would understand the wisdom of God that you have given to us in the word of God blessed now we pray in Jesus name these deliberations before you in thank you amen amen join me in the Pledge of Allegiance pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all uh thank you very much Pastor thank you for setting a good tone for this meeting I think we might need it the first item on our agenda is the consent agenda we invite Mr Christopher forward to read the consent agenda oh excuse me I'm sorry Mr Christopher please thank you very much Miss Pillsbury I was anxious to get to the to the meat of the matter here but uh we are I'm very excited today that we do have a proclamation uh to Proclaim be kind America month and this is a wonderful initiative that council member spilsbury has spearheaded so I'm going to turn the time over to her to talk about it yeah we are so excited this month America month and so in the city of Mesa we are going to make a proclamation that November is kindness month I am a big believer in kindness I started at hashtag Mesa kindness campaign and I want to thank all the citizens and City departments and different organizations that have rallied behind this hashtag and added it to social media posts when they see and witness acts of kindness or participate in acts of kindness because I truly believe that acts of kindness change the world it has so much power in it and we need it more than ever right now one of my favorite quotes by Leo Tolstoy is that nothing changes our lives or the lives of other people than Perpetual kindness it makes it more beautiful I did not quote that well um but I so I want to invite Allison Brooks with the Mesa Regional foundation and J.C Thompson with the be kind people project up to share a few words with us thank you um thank you council member for allowing me to say a few words this evening earlier this year I reconnected with JC Thompson of the be kind people project and was thrilled that he brought up the idea of Mesa becoming the first ever be kind certified City and when I brought up that idea to Mayor John Giles he was kind enough to put me in touch with council member spilsbury so thank you although it'll be great for us to become the first weekend city as you know we love to be the first of anything and the leader of almost everything and everything here in Mesa I got to thinking about what that really means and that's two things um first it'll show the world what a truly inclusive City that we are it's another way that we can demonstrate to our community our shared values of kindness compassion and caring and second kindness can make a huge impact and whether that's two kids on the playground that connect together because they sat on a bench one day and they became lifelong friends or it's taking the time to just truly check in with somebody who you noticed over the past few weeks their demeanor has changed and asking if they're okay and then it opens up some discussion on perhaps their mental Wellness um sometimes it's just putting yourself in another shoes when they have a different point of view you know like around my Thanksgiving table this weekend um and maybe it's just simply starting that email or that text with Hi how are you I hope you had a good weekend and then here's my 50 other thoughts that I need to let you know about you see the thing is is that kindness can quite possibly make someone's day better and it could change the trajectory of their life and to me that's worth investing as much as we possibly can in becoming the most kind city as possible we at Mesa Regional foundation for accessibility diversity and inclusion are proud to support this effort by council member spilsbury and look forward to becoming the first be kind City making Mesa a better place to visit live work and play thank you and I just want to yeah go ahead [Applause] uh I just want to quickly uh acknowledge the council member for leading this kindness initiative and we've been watching uh we're here in the valley we're a 501c3 we've been delivering programs here in Arizona for the last 10 years in Mesa schools and actually schools across the valley over 300 schools our Initiative for World kindness month was to get a be kind pledge poster into every classroom in the valley we've already given out 1700 just in the last two weeks and we're really proud to be working with the city of Mesa on its journey to become a be kind City so thank you so much okay I think we do have a proclamation so Council why don't you join us down at the uh the podium and we'll invite the the folks from the organizations come up for a photograph of that Proclamation about that okay now all we need is someone to take our yeah [Laughter] there it is okay thanks Mr Mayor that's why you use the boss questions thank you thank you thank you okay thank you thank you [Music] I have built-in selfish things your arm wasn't long enough hmm super simple all right uh I apologize for almost skipping over that that's probably going to be the highlight of our meeting today so thank you uh we will invite then Mr Christopher to read the consent agenda thank you Mr Christopher good evening mayor and council members these are the items on the consent agenda all items listed with an asterisk will be considered as a group by the city council and will be enacted with one motion there will be no separate discussion unless a council member or citizen request in which event the item will be removed from the consent agenda and considered as a separate item item two approval minutes of previous meetings is written item 3A at the liquor license application for the love pup Foundation 10-day event from December 14th through December 23rd 4011 South Power Road item 3B acting liquor license application for the American Patriots writers Club One Day event December 10th 922 South Country Club Drive item 3C icon liquor license application for Kentucky Bluegrass Bourbon and Spirits 100 West Hoover Avenue item 3D icon liquor license application for Longbow Golf Club 5601 East Longbow Parkway item 3E act on liquor license application for maduro's Fine Cigars and tobacco East 1907 West Main Street item 3F act on liquor license application for First Watch 1534 South Signal Butte Road item Three G act on liquor license application for Longbow Golf Club 5601 East Longbow Parkway item 3H act on liquor license application for Outcast Donuts 104 West Main Street item three I act on liquor license application for slaughterhouse what the hell bar 7303 East Main Street item 4A has been removed from the agenda item 4B approving contract to purchase stage lighting fixtures for the Mesa Arts Center aikida and Playhouse theaters as requested by the arts and culture Department item 4C approving one-year term contract with four years of renewal options for gas serve Regulators for the materials and Supply Warehouse for the energy resources department item 4D approving one-year term contract with four years of renewal options for pipe parts for the materials and Supply Warehouse for the energy resources and Water Resources departments item 4E approving use of a Cooperative contractor purchase four crew trucks with utility service bodies for the energy resources and Water Resources departments item 4f approving use of a Cooperative contract for an eight-month term contract with three years of renewal options for electrical motor drives and maintenance for the Water Resources Department item 4G approving one-year term contract with one-year renewal options for income verification software for the community services department item 4A is approving dollar limit increase to the term contract for landscape irrigation and sprinkler supplies for the materials and Supply Warehouse for the parks recreation and Community facilities and transportation departments item 3i approving three-year term contract with two years of renewal options for fast skate and safety rail repairs and installations for the transportation department item 4J approving three-year term contract with two years of renewal options for five Master job order contracts for transportation Construction Services item 4K approving three-year term contract with two years original options for three Master job order contracts for General Building Construction Services item 4L approving purchase of two gas delivery and breaching systems for additional armored vehicles in the Mesa Police Department this purchase is funded by the public safety sales tax item 4M approving use of a Cooperative contract for the purchase of two replacement armored vehicles for the Mesa Police Department this purchase is funded by the public safety sales tax item 4 and approving use of a Cooperative contract for the purchase of evidence lockers and refrigerators for the Mesa Police Department item 4-0 approving contract for water transfer station number two upgrades project construction manager at risk guaranteed maximum price number one item 4p approving contract for Gateway Boulevard and Aviation way utility and roadway improvements construction manager at risk guaranteed maximum price number three item 5A is for continuous the December 1st 2022 council meeting this is a resolution pertaining to canvassing declaring and adopting the results of the special bond election Consolidated with the Statewide general election held November 8 2022. again this is for continuance to the December 1st city council meeting items 5B through 5e are the approval resolutions and authorizing city manager to enter into the following agreements item five be a project agreement the Maricopa Association of governments for reimbursement under the arterial life cycle program for the Ellsworth Road Posada Avenue we have a new project item 5c a development agreement for City share reimbursement with Shea Homes limited partnership for water line improvements in conjunction with the proposed residential development at 10303 East Williams Field Road item 5D a grant agreement with the Arizona Criminal Justice Commission to accept Grant funds to be used for equipment for the police department's forensic services division item 5e and intergovernmental agreement with the participants in the regional Metropolitan Phoenix fire service automatic Aid System to provide automatic assistance for fires and other types of fire rescue Emergency Medical Services item 5f approving resolution endorsing creation of the Sherwood Mesa irrigation water delivery District generally Bound by University Drive the north Pepper Place in the South Stapley in the west and Hunt Drive funnel designation of the district is determined by the Maricopa County Board of Supervisors item 6A introduction of ordinance amending title VI to the Mesa city code by repealing and replacing chapter 12 entitled offensive excessive and prohibited noises item 6B introduction of ordinance for zoning case 22 2-263 for property generally located east of Higley Road and North of Baseline Road rezone of plant area development overlay Council use permit and site plan review to allow for an industrial development item 6C introduction of ordinance for zoning case 22-265 for property generally located east of Greenfield Road and south of Southern Avenue rezone the plant area development overlay and site plan review to allow for multiple residents development item 6D introduction of ordinance with zoning case 22-731 for property located south of McDowell Road and west of Greenfield Road a rezone site plan review and special use permit to allow for an industrial development items 7A through 7l pertain to action on resolutions and introducing ordinances regarding the city-owned utility terms rates fees and charges and setting December 1st 2022 as a public hearing date on these ordinances item 7A b c and d are resolutions and ordinances pertaining to electric utility services item 70 and 7f pertain to natural gas utility services items 7g and 7h pertain to Water Utility Services items 7i and 7j pertain to Wastewater utility services and item 7K and 7l pertain to Solid Waste Utility Services item 8A approving ordinance amending title 6 police regulations chapter 1 General offenses the mesa city code by adding a new section 22 entitled interfering with a peace officer item 8B approving ordinance for zoning case 22-942 for property generally located east of Greenfield Road and south of Southern Avenue free zone of planned area development overlay and site plan review to allow for multiple residence development item 8C approving ordinance for zoning case 22-583 for property generally located west of Country Club Drive and north of Rio Salado Parkway site plan review to allow for multiple residents development item ad approving ordinance with zoning case 21-1271 for property generally located west of Country Club Drive on the south side of University Drive rezone with planned area development overlay and site plan review to allow for multiple residents development item 8 e approving ordinance for zoning case 22-671 for property generally located north of Brown Road on the east side of Power Road rezone the plant area development overlay and site plan review to allow for multiple residents development item 9 is for approval avoidances relating to the proposed development Wentworth 80th nine A's for approval of annexation case 22-608 for property north of Elliott Road and East of Sussman Road and 9B is for approval of ordinance for zoning case 22-607 for property generally located east of Sussman Road and North of Elliott Road a rezone of plant area development overlay inside plan review for an industrial development item 10 approving subdivision plaque The Hub at 202 for property located west of sauceman Road and North of the Warner Road alignment mayor and council members these are the items on the consent agenda thank you Mr Christopher I'll note that I've received requests to speak on a few items that were listed on the consent agenda those are items 6A 6B 8A and 8e is mostly have we received any other cards or any other requests to speak on items on the consent agenda no mayor we have not all right thank you and uh I'll also note that agenda item 4A was removed from the agenda uh we have a motion to approve the consent agenda by Mr Freeman seconded by Mr Luna please vote thank you it's uh that all votes are unanimous in favor of adopting the consent agenda uh the next item then on our agenda is item 6A item Signet and I'll note both items 6A and 6B are uh to our notices of ordinances and setting a hearing for December the 1st to vote on the merits of the ordinance so the with the agenda item tonight is whether or not we set a hearing for December 1st to consider the merits of these proposals item 6A is uh amending the mesa city code by repealing and replacing the offensive excessive and prohibited noises clarify definitions with with new Provisions we had a a study session a presentation on this in our study session prior to this meeting we have a request to speak for Mr David Snyder Mr Snyder are you here please come forward thank you for being here Mr Snyder we're looking forward to hearing from you again uh we're not we're not voting on the merits of this proposal tonight that's fine but just just wanted you to make sure you knew that so please go ahead you have three minutes uh yeah I'm David Snyder uh I live in Mesa um kind of a weird thing I don't want to seem like a crazy person but recently uh I had Animal Control come to my house because of somebody making a complaint for prohibited noises for my rooster roosters are allowed in Mesa unless apparently somebody makes an anonymous complaint and then you have to either remove the rooster or they take the rooster or you get cited for the rooster I don't agree with punitive issues for stuff that's allowed to have it seems like it's a natural noise and if you're allowed to have them then they should be allowed to make noise I understand if it was excessive if I like had 10 roosters back there so I think it uh should be fair that at least one rooster is Exempted from those noise ordinances and it seems like a ridiculous thing but we have the be kind initiative I don't see him if he left for the invocation at the beginning of this meeting but again I felt like it's an important thing because I have a right to speak everybody you here everybody has a right to speak the rooster should have a right to speak to dogs can bark they're not like a prohibited noise if it's excessive you know obviously somebody could come out and say hey you need to do something about your dog calm it down a little bit right so I'm also a non-denominational monotheist but I consider myself a man of faith and I felt compelled to come here to speak partly because I was upset that I had to deal with this but sometimes God puts stuff in your path for whatever reason so you have to at least speak on it roosters are mentioned 14 times in the New Testament at least that I know of it's been a religious symbol for a lot of Christian faiths for since the first pope as far as other religions also even in Islam from what I understand I don't know that it's listed in the Quran but you should not disparage the rooster because he calls everyone to morning prayers and with everything going on in the world also with like food security issues I just wanted to say my peace that if anything people should be encouraged to at least have a few chickens in their backyard because um kind of lost my train of thought there for a little bit but if everybody had chickens in their backyard those eggs would at least like feed everybody you know I mean it seems like a ridiculous thing but there's religious reasons for having them there's social reasons for having them I don't think any City in the world's ever been founded without those founding citizens having chickens with them in their toe eggs for the bread eggs for breakfast it's a million different reasons and so that's why we just like him excluded from prohibited noises okay especially thank you Mr Schneider that that's all the time you have thank you for coming out and just so again so we're clear we're not voting on The ordinance tonight that we're giving a notice out so the people like you can come to the meeting on December the 1st and share their concerns about the ordinance so I'm going to invite City staff to uh at our next meeting to direct to address those concerns so that we can know to what extent the proposed ordinance might impact roosters in the in people's backyards I appreciate it thank you for your time thank you for being being here Council any other discussion on this item all right then is there a motion to approve item 6A thank you Mr Freeman seconded by Mr Luna please vote thank you uh that passes unanimously setting a uh a hearing for December the first to consider that that ordinance uh next is item 6B again this is setting a hearing for December 1st to discuss a zoning case this is the uh this is located east of Higley Road and North of Baseline Road rezone from plant employment Park uh to a light industrial the planned area development overlay this request will allow for an industrial development um we have a request to speak from Anna Macon Ms Macon are you here thank you please come forward welcome you have three minutes hello uh my name is Anna Macon my address is 3052 North Diego street I'm uh from up by Red Mountain neighborhood and we have a lot of construction up there too so the traffic is pretty awful up there and accidents have increased and the air pollution has gone up too so I have my own pulmonologist now I moved to the Falcon District 17 years ago before it was a corridor now I see like corridors all over town um we have the Elliot Corridor the Gateway Corridor and uh there is like um Deluge of um construction going on so what have I got to do with the Baseline Logistics Park I have been driving around the alfalf of in cornfield for about uh five Summers every day and I have enjoyed the open space out there and one day a vulture uh was sitting on one of your rezoning boards and it stopped me in my tracks I looked up the plan and I was shocked if you have looked at the plan there will be eight warehouses including three Mega buildings 40 foot high buildings hundreds of floating docks thousands of parking lots All in One Sweep in the middle of town that's insane I think you should think about it a little bit longer and maybe revised the plan I I suggest not to rezone the 55 acres for this plan many reasons uh speak against it there are many commercial properties available these could be filled up first the location is an interior lot it will create access problems and traffic congestion the buildings are oversized off scale and even dwarf the UPS facility the citizens participation I have looked into the map I was a little bit Skippy it skipped across the U.S 60 asking for participation in a place where it doesn't make sense because they could care less about the other side of the 60 and I would say the environmental impact will be bad with this mass of concrete and asphalt when I took a picture of the Walter talked to me and uh asked me like are you the one who wants the poor uh concrete all over the 55 Acres of Farmland I said sorry no it's not me but I was a little bit ashamed and worried for the vulture so I asked the vulture uh that must be hard for you what will you eat when all the birds and field mice are gone on the vulture left and said oh don't worry about me worry about yourselves so uh dear city council listened to the vulture there is too much concrete asphalt and construction going on it needs to be moderated to leave room for the people leave room for for Green Space leave room for meeting space and just for all citizens to enjoy that thank you Miss Megan I let you finish because I was curious to know what the vulture says so okay thank you again this item is on our agenda uh to and I I'm sorry I didn't mean to to make fun of you yeah that was a great story thank you for sharing that we are voting tonight not on the merits of this zoning case we are setting a hearing for December the 1st so I invite you to come back and and address the merits of the case at that point as well but tonight we're voting on whether or not to have that hearing on the 1st of December that being the case I'm not necessarily going to ask the applicant to come forward and address the merits of the case either because we're going to look forward to doing that on the first of December uh all right I see we have a motion for Mr Freeman seconded by Mr Luna to set that hearing uh or please cast your vote that passes unanimously thank you next item on our agenda is item eight a there we go item 8A is uh taking action on an ordinance this is uh by adding a new section 22 to chapter one of the mesa city code interfering with the police officer prohibiting the obstruction of a police officer from their official duties or refusing to obey a lawful order issued while engaging in the discharge of their official duties we have three requests to speak we'll hear first from Christopher ruff Mr Ruff you have three minutes howdy Council you guys know me as Christopher Ruff but online I'm known as direct D I've put all of your faces on my internet Channel and I've done that because of why we're here today you guys are trying to create an ordinance to protect police officers while you're about to spend 75 000 on an armored tank I think that's enough protection for the police officers you guys can't field any evidence to show that the police need any protection there's already an ARS in Arizona that protects officers from being interrupted it's RS 13-2402 and it's obstructing governmental operations it requires a physical element or a threat to inside public you know uh excitement or a threat of violence and what you guys are proposing is extremely overbroad and frankly unconstitutional it says to you will not disobey an unlawful order does anybody here even know what an unlawful order is if a police officer walks up to me and says you need to back up that's not a lawful order if I'm standing out in public on a public forum on a sidewalk I don't have to back up you guys got to put tape up but you know we see you guys misusing tape to violate the First Amendment too and I say you guys because you're responsible for the police out on the street I've been wandering around the streets of Mesa for two years filming the police officers you know who's the only person that's been assaulted me you know how many times I've been arrested at the hands of the Mesa Police Department countless times I can't use both of my hands I've got cases on appeal that you guys found the Mesa municipal court found me guilty on arresting a police officer I was arrested for all this stuff that you guys are trying to create this ordinance for and they suspended my license for a traffic violation because I wouldn't obey an officer refusing to ban officer as a title 28 code and that's what you guys are trying to replace here is because you know you're going to lose on appeal you understand what I'm saying right I was convicted of filming the police on a sidewalk and the DMV called me and told me they're going to suspend my license for that when I wasn't in a vehicle that's the level of Genius that we have going on in the municipal court system and it's funny that mayor Giles can't even look me in the eyes as I'm talking because you know I've made videos about you you know exactly who I am Westing back here knows exactly who I am too you guys love me I made fools of so many of your cops it's not even funny and I'm going to continue to do it because obviously you guys don't understand you're creating an ordinance to protect police officers from what from cameras or from lawsuits what are we protecting the police from how many times have the police been hurt assault abused in the last two years I've got thousands of videos on my YouTube channel I have 135 000 subscribers because of your police officers you're not controlling them and you ain't doing nothing to fix the problem you're only compounding it by creating an ordinance that's no bueno I hope you guys know what a monell claim is you're on noted hey next is Darren or Darren Barrett welcome Mr Barrett you have three minutes also uh I'm Darian Berry and I'm a resident of Tempe I shouldn't even have to be here in the first place as a resident of Tempe but as someone like Chris I filmed the police I've been filming your guys's Police Department for five years I've been doing this for so much longer I don't have to you know the the view power as he does but your officers they they're putting up tape to feel safe they're setting up tape to to violate the first amendment of people who are allowed to film The Police none of us have ever obstructed or interfered with your officers I'm not I'm up here Giles I'm up here be respectful he needs to be respectful and look at me when I'm talking to him anyways spending you guys are looking to get two armored tanks just the other day I was filming your officer deuce and he set up tape to make him feel safe my camera does nothing but kill kill careers when you have an officer that's setting up tape and at a simple DUI stop and we're not interfering and the officer openly admits that the tape is not for the DUI stop but it is indeed for the cameras and for me that's it's a lawsuit waiting to happen and I can't wait to file it that's a notice and I can't wait to file it in City Hall this code you guys are trying to bring in is unconstitutional is we are allowed to be close enough to see and hear what is being conducted during that investigation you could watch our videos we don't interfere we don't obstruct we may once in that uh you know once every now and then advise people of their rights because the officers are not willing to do that I appreciate you for keeping eye contact with me since Giles doesn't know how to do that but I'm done here Giles get it together I'll do my best thank you uh Scott Jacobs mayor council members my name is Scott Jake because my address is 5400 West Valley View Road um this is a lot of first things for me first time I'm going to a council meeting the first time that I'm speaking at a council meeting so I'm a little nervous but that's okay I don't film the police but I did spend 25 plus years as a medical professional and I want to say that you should all be ashamed of this Police Department the beatings the police brutality from 2016 until now it's just ridiculous and I think that the police deserve to be filmed and I'm too nervous to speak I'm too upset to speak look at him with his head down yeah when's your when's your when you when do you get reelected shame on you all that's all I have to say all right better thank you very much uh you know we've had a presentation on this but uh if you don't mind I'm going to ask uh the police to did can we clarify does the proposed ordinance uh prohibit videotaping of police officers maybe you can address that mayor and Council oh I answered that way it does not in fact it specifically has multiple places where it says that it's not prohibited that's not what it does and in fact this ordinance is this is in Tempe um in Phoenix Scottsdale Chandler Gilbert Glendale Goodyear Peoria Maricopa we're one of the few communities that does not have this ordinance and so we're simply doing what all our neighboring municipalities have already done many years ago thank you very much Council any discussion on this item is there a motion for approval we need to bring up the uh let me reset it for you okay thank you all right thank you motion's been made by Mr Freeman seconded by Mr Luna please vote thank you that item passes unanimously uh next item is item eight e this again is a zoning case with on the from the 1300 to 1500 blocks of North Power Road rezoning from single residents to a planned aerative development we do have I have four requests to speak could we have Russell burnson come forward 30 of wish to speak I have a Russell Brunson followed by Kevin isik I apologize if I mispronounced your name then David Sloan followed by Michelle Santos so let's let's go in that order and we'll begin with Mr burnson can I close this yes sir welcome Mr burnson I know you looks like you've got a lot to say can you do it in three minutes well I've got a few things this is my this is my PowerPoint right here uh non-techy but um I'll address these in a in a few minutes um first of all I just wanted to say something about well um my name is Russell Burns and I live at 6908 East Hobart Street I'm just north and east of the proposed Jackson project the k-zone number 22-00671 item AE so but first of all I wanted to you know uh do kudos to the kindness uh ordinance issue it's just uh I'm a huge believer in that um you know you can make somebody's day or you can ruin their day and I'm all for making somebody's day so I'm going to do my best to be kind um so first of all there was a there's a neighbor that couldn't be here tonight that wanted me to read something so I'm going to read that first this is just a quote from him if you are convinced that multi-family residential is the proper Zoning for this neighborhood at least postponed the final decision until the neighbors have had the opportunity to meet with the actual developer whomever that might be to discuss our concerns with them directly it is important that we have this meeting prior to any zoning change rather than at a future pad hearing where it will be too late to get our zoning back okay so my comments um first of all councilman Luna I appreciate the quick response today assistant and Mr Lake were kind enough to answer some of my questions that I sent out in an email earlier this morning um if any of you I I think that's public record but if any of you did not get that correspondence I'm happy to answer any questions outside of my allotted time um and or I can forward that email to you I'm sure Mr Lake can as well um as you know I'm opposed to the current zone change I am not opposed to a residential development I look forward to meeting new neighbors I am just opposed to cramming 61 units into a space of roughly six acres I would however like to congratulate Mr Lake the owners and whomever else might be involved with this development they have done a great job of making it appear that 61 units can be constructed on this six acres even though it is at the opposition of every neighbor within several blocks that I am aware of Mr Burton you're out of time can you kind of wrap it up I've got I've got a lot more to say I I uh let me and I don't want to cut you off but let me just say this uh take them take a few minutes or take a moment to con be concise to even wrap up what you have to say and then after your other neighbors have spoken if if all of you feel like there's something that hasn't been said I'll allow you to come back up and make another point but I think between the four of it you're probably going to say a lot of the same things I'm guessing I don't think I don't think they're going to talk about this one the the thing is there were uh six or seven neighbors that allotted their time to me would you like me to give you those names we don't do that okay all right well I've I've got quite a bit I'll try and wrap this up as quick as I can hit the high points and then at the end of the the evening if you haven't got to say if somehow there's something that still needs to be said I'll invite you to come back okay well I'll I'll jump right to the point of uh of the drawing so I would like to uh pass these around addressing here so this isn't you know this isn't an opinion that I'm trying to poor tray here it's it's actual facts and I'll just uh I'll go through all of this right here I've got a a pointer so if you look at if you look at this drawing you can jump over from the um well let's look at the pictures first so look at look at these pictures so the thing that I wanted to point out about this project that has not yet been addressed is the power so this is Hobart this is uh the project looking south from Hobart Street and this shows the power going down um Power Road which is uh hundreds of thousands of volts this prop this goes right through the property and if you look at this drawing here you can see that's what this is right here that's the the utility power that's going through the property right now it's showing going right through unit number 21 and as Mr Lake responded to my question of course that can't go through this they're going to underground it well my question is and there's you know in your own in Mesa the city of mesa's own document you go to the section and hear they at they uh encourage that the applicant do a technical review I've asked this question I've not had it answered if that actually happened tonight I've read your email I'm familiar with the questions and so at this point I'm going to just tell you okay so let me just please take a look I'll try and speed this up well you have about three cents three sentences left okay so the power that is going to go right through here in packs all the neighbors to the east this power that is going to be undergrounded impacts every neighbor to the east Mr Sloan will talk about his particular issue right here but it's not something that you can just say okay we're just going to underground this power you just can't do that and I understand it's a big issue there's 414 page requirement that SRP goes through of regulations to do that Mr Lake said well they're going to work with the city and we're going to underground it along either that street or this street well that's great but how is that going to get back to these neighbors Mr Burns and I'm going to ask Mr Lake that question thank you very much all right next is Kevin vanisick foreign if you have three minutes thank you an applicant for rezoning is supposed to work to address neighborhood concerns and attempt to compromise well I don't really see that happening here some examples access via Power Road to minimize impact on the neighborhood this has been requested repeatedly when Sean Lake finally understood this during the second uh neighborhood meeting he said and I quote from the minutes that his Law Firm provided from that meeting we will raise this request with the Mesa transportation department again but we also don't think the distances between Hobart and Halifax will permit an additional Power Road driveway for safety concerns and later he states in the minutes that he provided I will send out another letter addressing the Power Road and Halifax entries sight line views and other changes we make to the proposal he didn't do this the letter did not address the power road entrance at all now later on during the planning and zoning board meeting when questioned by board member Peterson about this issue Sean stated and I'm quoting from the meeting minutes published by the city the city did not want an access off power Road that's from Sean now Sean is not the one who determines what the city wants of course he didn't mean City he meant City traffic well here's what Ryan Hudson City of Mesa traffic engineering said in response in that same meeting again quoted from the minutes it's not necessarily true that Transportation would not support a driveway on Power Road between Hobart and palafax but that driver would have to be a right in and write out access period what I see here is not that the city wouldn't allow this but the applicant does not want to even attempt this compromise because it will reduce the density and therefore the profits now of course it's been portrayed all along that this level of density is needed because this lot has remained vacant all these years because it's difficult to develop because of the size and shape and things like that but that's another twisting of the facts in fact the real story is that the entire portion of this property which is probably about two-thirds of it fronting Hobart Road was owned by the church right there basically land banked until late 2019 at which point the new owner was in the process of attempting to replant to accommodate four Custom Homes so apparently that was profitable for him until it was purchased at a higher price by this current developer so to say that it's not feasible develop at a lower density than presented is simply not accurate and they don't want a lower density to accommodate neighborhood concerns another neighborhood concern is the use of Stack parking to achieve the number of parking spaces required for this type of development which I don't understand why this has never really been addressed by the applicant or staff I suspect the reason that this has really never been addressed because I don't think the city ordinance properly addresses with the use of stacked parking in situations like this where you're going to have underutilization of the parking because people would rather Park other elsewhere rather than stack so I'd suggest that the city should city council should look at that ordinance in the follow-on letter that I mentioned previously the sight line illustrations which were conveniently provided had a mature vegetation obscuring the Second Story windows that were overlooking the neighborhood even worse the sight line that they provide of from the southeast neighbor to the two-story unit 12 conveniently crops out the view to units 20 and 21 which are three-story and Are Due West of the neighborhood so they just kind of brushed that aside in a deal of compromise so speak for the people of city of Mesa and tell them to go back and truly try to work with the neighborhood explore the option of a power road entrance or exit for real not just talk like you did don't use snack parking to achieve the required number of parking spaces and come up with a plan that transitions all the units abiding the existing neighborhood to a single story to kind of smooth out that transition then we can truly have something that is really a compromise amongst all interested parties while serving the needs and the desires of the city thank you thank you Mr vanessik uh David Sloan followed by Michelle Santos ladies and gentlemen of the council David Sloan 6822 East Halifax Drive share a property line on two sides with the partial in question I'm going to just hit this quick and tight because already been a long night um the question here is is to take land that's currently zoned for six homes and and change that to allow more than 60. so that's a big that's a big jump that's an order of magnitude by most people I want to point out that this was a split decision for good reason in Planning and Zoning two people you know thought that also this was not a good idea uh let's see I'm going to skip over points that have already been made the land is useful without right you know without this it's not like this is the only way this land is going to get developed he made a really good point that this land's only been on the market for just a few years and the two the two people that owned the land briefly before it ended up in in the hands of these guys that uh wanted to do much less dense development and actually received pushback from Planning and Zoning on I think a density of 12. originally so that's something that I got from listening to their their pre-submittal meeting notes on the Planning and Zoning Board and then you know in speaking with the most immediate previous landowner yep he absolutely was planning on building four homes there there are homes that have been built recently along Power Road and they sold so people lived there it's it's a fallacious argument to say that oh nobody's going to buy that land to build a nice home they will uh that and the developers they knew what they were buying right it's it's not our responsibility is the neighbors and your responsibility is the board to make sure that they're satisfied with their purchase and that they're able to you know develop it or make as much money as they see fit I think it's our responsibility to try to to figure out something that that works together uh they're asking you to support their project and I think by doing that you're just you're you will have to disregard the rights and the interests of the surrounding landowners and I don't think that's right um RS 15 would be a reasonable request that's a blend between the rs9 that exists on the other side of power and the rs-35 that otherwise completely encircles uh this land and rs9 I think would be a bit of a stretch to match you know the the zoning that's on the other side of power this is this is mid block but they want twice that right they went twice that density so they're not looking for rs9 they're not looking for RS anything they're looking for RM multi-family and there's a difference based on all of that please vote no let them come back with something that's more reasonable I think that it's it's a great use of the land I can completely support it I could completely get behind it at a more appropriate density that meets in with the area I would completely support rs9 absolutely I can't support rm2 thank you thank you Mr Stone Michelle is Michelle Santos I'm sorry foreign hi I'm Michelle Santos I live at 6802 East Indigo Street and so I am just north of the proposed project I completely agree obviously with everything that people have said with as far as the the limited parking they're going to have and the amount of traffic that it's going to add and just the density that they're looking for on Hobart Hobart and Halifax which is a u there's a total of 36 homes there right now um if you add Indigo which is my street it's basically those streets are a neighborhood you add another 21 homes which is 57 total homes across those three streets which is our neighborhood and you're wanting to add 61 units on a six acre parcel of land in our neighborhood and that's just too much it's asking way too much for those of us who have been there for a very very long time in that neighborhood on property to add that much density in our neighborhood we're not okay with that the zoning board whenever this came to vote nobody even wanted to make a motion on this because they knew that the neighborhood the citizens of Mesa do not want this there they listened to us they didn't want to make the motion and their reasoning for passing it those that passed it said it's because there's nothing else that could go there and that to me is completely unreasonable agreed I wouldn't mind having a less amount there single story not three stories where you're not putting that much traffic across those streets and it's not just Hobart and Halifax that are going to be affected by the traffic Indigo will too people will drive right through that church parking lot onto Indigo to get both out to power and the opposite direction since indigo's not a dead end Street and so I'm just asking you to listen to those in the neighborhood we care we're here because we care about our neighborhood and we don't want that type of density in our neighborhood that's it thank you Miss Santos uh Mr Lake do you want to I think there's been some issues raised here that you might want to respond to so invite the applicant to tell us what you'd like us to know about the zoning case mayor council members Sean Lake here on behalf of the property owners and developer of the site I can either answer specific questions or go through the presentation whatever is your preference you know the neighbors took you know about three or four minutes times three or four people so feel free to take you use the time as you'd like to okay a similar amount of time if I don't see anything pulling up on this laptop that was shut so I'll just rather than delay familiar with with the layout I think we're all familiar with the project and I'll just hit some highlighted points on this the property is owned and will be developed by my clients David darling so they to delay it so that we can meet further with my client I think would be a mistake and so they'll be working on that obviously they are not Builders that's not what they do for a living so they will be hiring somebody to develop the property for them as most people do and so that's maybe is there confusion there but they they will be moving forward with the project as far as relocating and rerouting the electrical there are our existing 69 plus KV lines that run up and down power Road North South those won't be touched those are the big power poles and those don't get undergrounded SRP as they would say as an overhead utility line provider however the city of Mesa ordinance does require all power lines less than 69 KV and or I think less than 69 KV to be undergrounded when development occurs now when the development that subdivision was developed that wasn't a requirement but now and and for the last several decades that has been a development requirement for all development whether it's commercial residential any type of development and that process works with SRP during the construction plan permitting process we the property owners or the property owners of any development in the valley quite frankly that is served by SRP they work with SRP SRP gives you the design of how they want the power lines to be undergrounded we have accommodated those areas along the frontages of Hobart Halifax and power to accommodate those underground lines once that design has come up with to meet the srp's standards then SRP actually does the construction or the re the undergrounding of those utilities that's their thing so that they can protect the interest of their own clients who receive power and so all those under than 69 KV lines will be relocated on the site per srp's design and per srp's Construction so like you might have did maybe I can steer you just a little bit one of the things that I heard from these neighbors is that they're they object having a three-story apartment building backing up to their residential neighborhood can you talk about the design how have you sought to mitigate the impact on this neighborhood of a three-story apartment absolutely I I don't have the laptop but let me just for those that can picture the site on the North uh are on the west side of the site where we are adjacent to a residential home on that side we have single story homes our homes will be single story then adjacent to all the residential on our South and on our East Side we will have two-story Town Homes the three story that they're referring are all pulled out to Power Road and been pushed up against Power Road so there'll be a transition of height as you get closer to the residential it's single story two-story and then three-story there are no three-story adjacent to residential units um as far as access we're just trying to oh I didn't know who that was like as far as access off of Power for as long as I can remember I have always been trained by city of Mesa Traffic Engineers that they like to see developments go from a neighborhood to a collector to an arterial and that's how we design this project the main entrance into this project is directly off across from the main entrance to the church on the north of the project I think this might work so let me scroll down it's coming up on our monitors now sorry for the technical difficulties here let's do that one so you can see on the top of the screen which would be on our East Side those are all single story homes that would be adjacent to that residential along the south side or this side we have those are two-story that side onto the residential so we don't have any patios or porches or balconies overlooking anybody we cited those units onto there along our South Side can you see my um cursor scrolling no no okay and then along the if you can see along the what would be the the flagpole size if you if this is becomes a flag with a pole on the top side of the flagpole we have landscaping and open space and setback and those units are all two-story the only three-story are off in the corner adjacent to the the church and Power Road as far as access I we designed it so that we have access from the community off of Hobart which is directly across from the church's main entrance um so that there wouldn't be our entrance across from a residential neighborhood it would be directly onto a collector Road Hobart that would be across from the church and then they would go to Hobart and then straight to power same with Halifax on that location so that we have multiple points of Ingress and egress for safety reasons obviously into this community um let's see staff recommended approval of this project planning a zoning board recommended approval of this project I'd be happy to go through any more details that you want but we think this is a good reasonable land use of this property we think this will fit the area adjacent to Power Road which is a very very busy road it's either one or two busiest Road in the city of Mesa we think this is a good project and will provide housing available for people who want to live and work in Mesa thank you thank you Mr Lee uh we'll open it up for Council discussion before we do that though I just want to note that we did have several cards that were submitted but asked not to speak but these are again our neighbors that oppose the project including Patricia beniznik Philip Rodriguez Catherine Rodriguez Craig bossler Roger Jenkins and Karen Jenkins all right thank you Mr Lake thank you Council discussion on this item we'll begin with Mr Luna um maybe Rachel or Sean what about the parking issue that's stacking is that is that going to be problematic I maybe it was when we start with Rachel and then you okay so for the tandem parking that is permissible per the zoning ordinance we don't foresee any sort of issues with that we have multiple developments that are coming in are using that standard so you would be the two parking spaces for that unit you would have one inside the garage and then one directly outside in the in a driving driveway area okay and then the issue as far as the uh the exiting the property I know somebody raised concern about that they wanted three entrances as opposed to two is that is that correct or how are we going to work that out I guess I'm not following that as far as the access into the project the north side has two one off of Hobart one off of Halifax again this is a gated community um and in the South Side uh the small piece on the bottom of the flagpole if you will the Ingress and egress is off of Halifax the other access off of Power will be an emergency and solid waste access only that way we don't have residences going north on power stopping short to pull in where somebody coming behind them might think they're going to turn on Halifax and they stop short and cause an accident so we turn that access point on Power Road for the South Side into a solid waste and emergency access only in this gated community obviously we've heard a lot about density how in terms of have you worked with the neighbors and did you have neighborhood meetings how did that happen we thank you councilmember Luna mayor councilmember Luna we've had two Mo or two neighborhood meetings on this project uh we've had other communication with neighbors and spoke with them about this project specifically outside of those two neighborhood meetings both by in person and email communication and phone calls and as far as the density we think this is a very good reasonable density for this we've gone up and down Power Road and looked at where is rm2 where is rm2 located and we find I think we found 13 or 15 locations up just up and down power Road where rm2 was a good transition between rs9 rs15 rs35 and a Mage and Power Road a major arterial it was kind of a good buffer other locations have commercial or retail as the buffer between Power Road and and residential areas so we think this is a good transition we've tried to pull the residential as far away from the neighbors as we possibly could we have d deviations to accommodate that as you can see we've lined everything up along Power Road and pulled it close to Power Road and have large landscape tracks all along where the residential is all my questions thank you Miss Pillsbury um so on the map where it says 19 so that's on Halifax the that's where the entrance to that property to the South is correct is that the entrance I'm looking at so the the you're talking just about the South's portion well so I'm just wondering what the 19s I mean when I can look I can look at the key and it says decorative textured paper but I'm just for as far as like um orientation there so if you look at Halifax where it says Halifax on the right hand side that would be the entrance and exit point for those nine units right and so the one that shows on um Power is just for emergency and for trash correct and then so to the north of Halifax is that also like an emergency trash accident that will be it no that's an Ingress and egress um point for entrance and exit for residents oh for again but gated and usually clicker operator clicker or something so guests would have to go off of Hobart correct um but anyone living there could enter on and off of Halifax correct I I think actually I think I I stand corrected okay that is an exit only on on Halifax so the entrance would only be off of Hobart across from the church through the same place that any visitors would go in and then enter one of those gates to get into the rest of the property correct okay um my second question was the um several of the emails we got just inferred that there wasn't a lot of um Community involvement and neighborhood meetings and I mean you've addressed that but I guess I guess maybe I'm wondering what the neighbors if they're feeling like you need more meetings or they just want to be heard because they don't feel like they're being heard or I mean how how do you guys feel about that we've had two neighborhood meetings and multiple Communications like I indicated via email and telephone conference we we have reached out and worked with the neighbors I think the challenge here is we disagree on some points and and there's some things that we haven't been able to change or not willing to change and there's points that they haven't or unwilling to change as well and at some point you come to a point where if two parties aren't agreeing on something we can continue to get together and talk about it but I think we've reached an impasse and that's kind of I think where we're at with with several of those points where we've reached an impasse where we can't make those changes and the neighbors want us to make those changes so we're agreeing to disagree and moving forward and so that's I believe why we went to Planning Commission on that okay I I would just like to make the comment um the I've been in this neighborhood I've driven around it several times beautiful homes huge Lots you guys have been there forever and I appreciate not wanting to to see something at this density um or anything really to come in over your fence um so I just I do want to acknowledge that I appreciate the um lowering of the stories that there's only single level anywhere near residential I did hear the comment that there's windows so I I believe there are windows there's no balconies correct so but there would be maybe some are they bathroom Windows bedroom windows facing the residence on the east side on the top those are single story so you wouldn't really have any issues there because you would have not only the setback and the single story but the landscape so those two areas and the wall that back Mr Sloan's property I believe the two-story are so that on the back of Mr Sloane's property those side on to that area and so we not only have the landscape area that's wider than the code provides with more Landscaping but we also don't have patios or balconies that Overlook in that area because we've cited the units on there might be some windows but we can obscure those with oversized Landscaping okay so that's a there are they bedroom windows probably though or is it like a high up bathroom window you're just wondering what kind of Windows I believe they're my guess it would be up to what I'd have to look at the internal footprint of that but probably either a bedroom or a bathroom window and those are two-story correct those would be two-story okay so I I mean I appreciate the landscape buffers I appreciate that all along Mr Sloan's property and across Halifax that there are no buildings up there closer to where his house where the both of those houses are um and those landscape buffers so I mean I do appreciate the ways in which you've tried even though the neighbors are not happy with this and I can totally understand that I appreciate the changes that have been made to try try to ease some of that so thank you that's all for right now thank you Council other discussion on this item vice mayor I will make one point of you know the the conversation anyway let's I'll keep it to this I've lived in this area previously I live in downtown Mesa of course right now but um I've lived in Alta Mesa um Red Mountain Los Angeles now I know those are master plan communities but the point is in those master plan communities they had sections of the master plan that included townhouses and townhouses and condos and then there would be mid-level homes and Custom Homes and they were all surrounding that so with proper landscaping and separation and you know the interests and stuff like that it does work in character and it allows housing options for you to live in your neighborhood I know this neighborhood has big beautiful homes but if there was a point that you needed to downsize or we couldn't keep up with the large property you would be able to be in your neighborhood or have your grandparents or your kids living there so creating Community with Homes at all different aspects I think is is needed in our community to have all custom homes in one corner and apartments over there and everything is not how we lead Our Lives I live in apartments I've lived in town homes I've lived in mid-size homes I've lived in Custom Homes I've lived at all levels and I think that's the reality of our lives so the density is only providing more options and even in our master plan communities with great planning we you can respect the the surrounding properties so I just want to put that out there because I know this conversation is again and again and I think this is a good quality pro project that does respect the neighbors I realize it's not the same density but having Custom Homes along Power Road will never happen so thank you and Mr Luna uh first of all I want to thank the residents I think we're good Sean thank you so I want to thank the residents for getting involved I know this is a tough issue we've been I've been on city council for nine and a half years going on 10. and um I think this is like the fifth project uh we were looking at office we looked at putting cargo containers there uh many of you remember the Mini Storage that was controversial the neighbor residents didn't want that and then most recently the food trucks that was a very controversial development where the residents and you know my colleagues and Council agreed that that was inappropriate to me this project would be appropriate I think that they've done a real good job I know that change isn't always something that we want but change does have to happen if we don't do something like this then I don't know what else we can do uh I like the project I think it's going to fare well with that residents I know obviously there's going to be more people living there there's going to be obviously more traffic but our streets can accommodate traffic they can do all the things that this development is going to do so I'm going to be in support of this development and and I will be voting on it thank you any other discussion uh I'll just Echo some of the things that have already been said I haven't been on the council for nine and a half but I have for eight and I so I've been a party to all of the the various proposals that have come across the the desk for this property and I know that uh change is difficult that we are transitioning large acre Custom Homes out to Power Road which is one of the busiest streets in in our in our city and so how there's going to be probably some disagreement and some some hand ringing over what the appropriate transition is from that intense traffic Street into what is a quiet beautiful custom neighborhood and I I think uh this project does a pretty good job of doing that if you really get in and scrutinize the project the the buffering that's in the way that the the elevations of the home are oriented in order to mitigate against the impact on the the neighborhood to the east uh is is the intention behind the the design is very evident so I'm going to support the case as well um and uh I think that I I personally believe the neighbor's concerns are ultimately you won't this won't be as bad as you imagine but uh but this property has been problematic for the last nine or ten years and I think this is as good as we're going to do all right we have a motion and a second please vote thank you motion passes unanimously next item on our agenda is items from citizens present item 11 we have one request to speak Mr Peter Kovacs Mr Kovacs welcome you have three minutes ready to roll okay we're on the clock hi I'm Peter B kobach I own four companies Vehicles International and three online media companies at your July 20th 2018 meeting if I remember Mark was chairing it and Francisco was here and I was not allowed to talk on my U.S Senate campaign I'm not going to tonight John I want to compliment you for crossing party lines in the last U.S Senate election quickly I'm going to run through this I um I've been shut out on the ballot 2016-2018-20 and 2022 I ran against Cory Booker in New Jersey but pulled out because my mother died quickly to recap what happened I'm still fighting ahave County where I tried to save my trailer and it was taken from the unscrupulously in March of 2018. I'm still in litigation with the county on two other minor issues David was not at the meeting either yeah you weren't there either I don't recall if Kevin was there but I remember I said that uh I complimented you on running your re-election campaign I think it was in 2018. briefly because I've got coming up on about one more minute the one thing I want to say right now is that I challenge the signature law I sued the State of Arizona based on the signature law it's 800 signatures in New Jersey I lived there for 19 years and I was on my way to the ballot when my mother who was a Westfield New Jersey school teacher passed away in 2014 in April my dad died in Florida in 2004 December I'm a dual citizen with Hungary born in Pennsylvania basically on this particular cycle I know I'm probably going to need 37 000 signatures to get on the ballot because I have conflicting information I did not execute the lawsuit against brnovich in the state of Arizona and I don't think I would have been able to have won that particular lawsuit but I did it on principle because of the fact that there's this discrepancy in the signature laws from state to state I checked five states that I know I can get on the ballot for for president Arizona New Jersey Pennsylvania Idaho all I have to do is petition the Secretary of State and I'm on the ballot and the fifth state where I could pay ten thousand dollars to get on the ballast Colorado and Washington DC which I have to double check now I'm not going to run for president because an independent can't win not even Angus King who I contacted who was uh the only true U.S Senate independent and he's remained Bernie Sanders is basically a socialist who is a declared independent okay that's the political lecture I want to thank you for having me tonight I'm going to wrap it up quickly with about 15 seconds to go thank you God bless you graduate of Fordham and Andrew Cuomo was in my graduating class by the way he doesn't talk to me and you know who he is Kathy hockeyell won the um race there because she was the lieutenant governor and we know what it happens here congratulations to Katie Hobbs congratulations to all of you for being great elected officials have a good night God bless thank you Mr Kovacs that concludes our agenda for this meeting is there a motion to adjourn thank you Mr Thompson and Mr Luna all in favor please say aye aye thank you we are adjourned [Music]